Indefinite Leave to Remain – Passing the English Language and Life in the UK Test
To secure Indefinite Leave to Remain in the UK, you need to pass the English language test and the Life in the UK test.
In this blog, our UK Immigration Solicitors explain the tests and how to go about applying for Indefinite Leave to Remain.
Contact OTS Solicitors Today for Specialist Immigration Legal Advice.
Applying for Indefinite Leave to Remain
Applying to settle in the UK isn't just about passing the English language requirement and sitting the Life in the UK test. You also need to:
- Meet the residence requirement applicable to your visa route.
- Be within the absence thresholds, so time spent outside the UK during the residence requirement must fall within specified limits.
- Be of good character.
- Meet the visa-specific conditions for ILR.
UK settlement law and Indefinite Leave to Remain rules are complicated. An Indefinite Leave to Remain Lawyer can advise you on when you can apply for settlement and the specific rules that you must meet based on your entry visa.
When to apply for Indefinite Leave to Remain
You should apply to settle in the UK as soon as you meet the residence requirements. That’s because:
- Applying to extend visas is expensive as you need to pay for visas and pay other charges, such as the immigration skills charge or the immigration health surcharge.
- The Reform UK Party, the Conservatives and the Labour government have all said they intend to change the rules on ILR. Reform has said they will abolish ILR, and the government has said that they will extend the residence requirement for most applicants from the current five years to ten years.
- Most British citizenship applicants need to have held ILR for at least 12 months before they can apply for British citizenship.
- You can't sponsor your family members or partner to come to settle in the UK unless you have ILR status or are a British citizen.
If you know that you want to live in the UK on a long-term basis, it's best to make visa and travel choices based on the ILR requirements relevant to your visa. The immigration rules are complex, but UK Immigration Lawyers specialising in UK settlement can guide you through them.
The English language and Life in the UK Test
You may have heard horror stories about these tests. However, with preparation, you should be able to pass the tests on your route to settlement.
ILR applicants question the need to pass the two tests, and for many applicants, the tests may seem unnecessary because their English language skills and knowledge of life in the UK are exceptional. However, the rules require all applicants to sit the tests unless they fall within an exemption.
The purpose of the English language and Life in the UK test
Passing the English language and Life in the UK tests proves that you can speak, read and write English to the required standard to settle in the UK and that you have a reasonable understanding of UK history, culture and laws. Passing both tests is a sign that you are committed to integrating into British society.
Taking the English language test
You are exempt from taking the English language test as part of your ILR application if you fall within one of these categories:
- You come from a majority English-speaking country, or
- You have taken an approved qualification in English, or
- You have already passed an English language test to the required standard for settlement as part of your visa application process.
- You are exempt on age or health grounds.
The majority speaking English language countries
The UK government keeps a list of countries where English is the language spoken by the majority of people. If you are a national of one of those countries, it is assumed that you meet the English language requirement without providing proof other than evidence of your nationality.
The countries on the UK government list include:
- Antigua and Barbuda
- Australia
- the Bahamas
- Barbados
- Belize
- Canada
- Dominica
- Grenada
- Guyana
- Jamaica
- New Zealand
- St Kitts and Nevis
- St Lucia
- St Vincent and the Grenadines
- Trinidad and Tobago
- USA
Exceptions from sitting the English language test and the Life in the UK test tests
An applicant can be exempted from sitting the English language test and the Life in the UK tests if they are:
- Under the age of 18, or
- Over the age of 65, or
- Unable to sit the test/s on health grounds.
If ill-health or disability is cited as the reason for the exception, the applicant will need to have medical evidence confirming their condition. The report will need to explain why the condition means the applicant is unable to sit the test/s and won't be able to do so.
Where to take the Life in the UK Test
The Life in the UK test must be booked and taken at a centre. There are many Life in the UK Test centres across the UK. You can locate a centre close to your home address and book the test centre here.
The rules require you to:
- Book a centre near where you live, and
- Attend the centre with the same evidence of your identity used to book the test, and
- Take the test without access to a mobile phone or notes, and
- Attend the centre 15 minutes before the test starts.
The test fee is currently £50. If you do not pass the test, the cost is not refunded. You can rebook and sit another test after seven days have passed from the previous test. Although there is no limit on the number of tests that can be undertaken, you need to pay the £50 fee each time you book to sit the Life in the UK test.
It's best to do some online practice tests before sitting the test at a test centre to get a feel for the type of questions you will be asked and the format.
The test takes 45 minutes to complete and comprises 24 questions. You need to get a 75% pass rate to pass the test. Many of the questions may relate to aspects of British culture that you have not come across during your daily life in the UK. That’s why UK Immigration Solicitors recommend taking online tests as practice towards passing the Life in the UK test, especially as you will want to pass the test as quickly as possible, so you can secure your ILR and stop applying for UK visa extensions.
Speak to ILR Lawyers for settlement immigration legal advice
Our Law Society-accredited team of ILR Solicitors can help you secure your Indefinite Leave to Remain. We provide expert immigration legal advice on:
- ILR where there are concerns about whether the applicant will meet the good character test because of their immigration record or an earlier conviction.
- The forthcoming changes to the English language requirement for ILR applications.
- How to apply for ILR as the dependant of a primary visa holder.
- Meeting the residence requirement, absence threshold and visa-specific requirements for an ILR application.
- Options if the Home Office refuses an ILR application.
Contact OTS Solicitors Today for Specialist Immigration Legal Advice.
Contact us by phone or complete our online form to schedule an appointment at our London offices or arrange a phone or online consultation.
Our lawyers speak Arabic, Armenian, Farsi, Spanish, Tamil, Tagalog/Ilonggo and Urdu/Punjabi.
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